Woman didn’t know boyfriend planned servo armed robbery
A WOMAN accused of helping her partner commit armed robbery at a South Murwillumbah service station has been found not guilty.
Jasmine Peta Gundy was charged with robbing a man while armed with an offensive weapon.
The Crown argued Ms Gundy had played her part in the incident by acting as the "spotter" for her partner, Nash Steven Cobb, who last month pleaded guilty to the same charge.
CCTV footage played during Ms Gundy's judge-only trial showed Cobb, 30, was armed with a machete when he entered a service station on Tweed Valley Way in South Murwillumbah on March 3 last year.
It is alleged he demanded the cashier place cash and cigarettes to the value of more than $5900 in his bag.
Other CCTV footage showed Ms Gundy had entered the shop minutes earlier pushing a pram and purchased two cans of soft drink.
She then exited the store and walked along Tweed Valley Way, and less than five minutes later Cobb entered to commit the robbery.
Lismore District Court heard Ms Gundy had been in a relationship with Cobb at the time of the incident.
Judge Jeffery McLennan said the Crown's case was purely "circumstantial" against Ms Gundy, including the fact the pair were in the same vicinity within five minutes of each other.
"There's nothing to support the assumption that Ms Gundy was to be there as 'spotter'," he said.
Judge McLennan said "there is no CCTV footage available that would allow a conclusion" that Ms Gundy was aware of the planned robbery before she entered or left the store.
"There's no evidence she signalled to Mr Cobb upon leaving the store," he said.
"CCTV footage shows Mr Cobb surveilling the interior of the store once Ms Gundy left the store.
"If (Ms Gundy leaving the store) was the signal it would not have been necessary for Mr Cobb to do his own surveillance.
Judge McLennan found Ms Gundy not guilty of armed robbery, she is discharged of all charges.